OVERVIEW

Marginal note:Purpose

1. (1) The purpose of these Regulations is to enhance the security of the Canadian ferry transportation system through the establishment of a framework for detecting security threats and taking preventive measures against security incidents.

Marginal note:Contents

(2) These Regulations are divided into five Parts:

(a) Part 1 sets out general matters that apply to the entire Regulations;

(b) Part 2 sets out the security documentation that must be obtained from the Minister and the manner in which it must be obtained;

(c) Part 3 sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities;

(d) Part 4 sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities; and

(e) Part 5 provides a framework for conducting security assessments and for establishing, implementing and maintaining security plans.

“domestic ferry” means a vessel that is entitled to fly the Canadian flag, carries passengers on a regular schedule and operates on a route set out in Schedule 1.

“domestic ferry facility”

« installation pour traversiers intérieurs »

“domestic ferry facility” means a marine facility set out in Schedule 2.

“interface”

« interface »

“interface” means an interaction between

(a) a domestic ferry and another vessel or a marine facility; or

(b) a domestic ferry facility and a vessel.

“key”

« clé »

“key” means a device, including a card, issued by an operator of a domestic ferry or a domestic ferry facility that is designed to allow access to a restricted area in a domestic ferry or a domestic ferry facility.

“MARSEC level 1”

« niveau MARSEC 1 »

“MARSEC level 1” means the level for which minimum security procedures are maintained as set out in the approved security plan.

“MARSEC level 2”

« niveau MARSEC 2 »

“MARSEC level 2” means the level for which security procedures additional to those of MARSEC level 1 are maintained for a limited period because of heightened risk of a security threat or security incident.

“MARSEC level 3”

« niveau MARSEC 3 »

“MARSEC level 3” means the level for which security procedures additional to those of MARSEC level 1 and MARSEC level 2 are maintained for a limited period when a security threat or security incident is probable or imminent, whether or not the specific target is identified.

“restricted area pass” means a document issued by an operator of a domestic ferry or a domestic ferry facility that entitles the holder to have access, during a specified period, to specific restricted areas in domestic ferries or domestic ferry facilities.

“security breach”

« infraction à la sûreté »

“security breach” means a violation of security regulations, measures, rules or procedures that does not result in a security incident.

“security documentation”

« documents de sûreté »

“security documentation” means one or more of the following documents issued by the Minister:

(a) a Security Assessment Letter of Approval in respect of a domestic ferry issued under subsection 16(1);

(b) a Security Assessment Letter of Approval in respect of a domestic ferry facility issued under subsection 16(2);

APPLICATION

Marginal note:Domestic ferries and domestic ferry facilities

Marginal note:Exception

(2) For greater certainty, these Regulations do not apply to ferries that are dismantled or laid-up at a domestic ferry facility.

PART 1GENERAL

Overview

Marginal note:General matters

4. This Part sets out general matters that apply to the entire Regulations.

Compliance

Marginal note:Obligations of operators

5. The operator of a domestic ferry and the operator of a domestic ferry facility shall ensure that the requirements of these Regulations are met.

MARSEC Level

Marginal note:MARSEC level 1

6. The operator of a domestic ferry and the operator of a domestic ferry facility shall maintain MARSEC level 1 at all times unless a higher MARSEC level is required by a security measure formulated by the Minister under section 7 of the Act.

Prohibition

Marginal note:Security equipment and systems

7. No person shall tamper with, damage or disrupt the normal operation of any security equipment or system to which these Regulations apply.

[8 to 10 reserved]

PART 2SECURITY DOCUMENTATION

Overview

Marginal note:Requirements relating to security documentation

11. This Part sets out the security documentation that must be obtained from the Minister and the manner in which it must be obtained. It also sets out the security documentation that must be carried on board domestic ferries.

Required Documentation

Marginal note:Domestic ferry

12. (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry without

(a) an Interim Domestic Ferry Security Certificate in respect of the ferry issued under subsection 18(1) within the preceding 90 days; or

(b) a Security Certificate in respect of the ferry issued under paragraph 19(1)(a).

Marginal note:Deemed compliance

(2) The operator of a domestic ferry is deemed to comply with the requirements of subsection (1) if any of the following documents have been issued in respect of the ferry:

Marginal note:Exemption — Part 1 of Schedule 1

(3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.

Marginal note:Exemption — Parts 2 to 4 of Schedule 1

(4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry operating on a route set out in Parts 2 to 4 of Schedule 1.

Marginal note:Domestic ferry facility

13. (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry facility without a Statement of Compliance in respect of the ferry facility issued under paragraph 19(1)(b).

Marginal note:Deemed compliance

(2) The operator of a domestic ferry facility is deemed to comply with the requirements of subsection (1) if the Minister has issued a letter of approval in respect of the ferry facility under subsection 352(1) of the Marine Transportation Security Regulations.

Marginal note:Exemption — Part 1 of Schedule 2

(3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry facility set out in Part 1 of Schedule 2.

Marginal note:Exemption — Parts 2 to 4 of Schedule 2

(4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry facility set out in Parts 2 to 4 of Schedule 2.

Procedure for Issuance of Security Documentation

Overview of the Procedure

Marginal note:Domestic ferry

14. (1) The procedure for the issuance of security documentation in respect of a domestic ferry is the following:

(a) the operator of the ferry submits to the Minister a security assessment report in respect of the ferry in accordance with subsection 15(1);

(b) the Minister issues to the operator of the ferry a Security Assessment Letter of Approval in respect of the ferry in accordance with subsection 16(1);

(c) the operator of the ferry submits to the Minister a security plan in respect of the ferry in accordance with subsection 17(1);

(d) the Minister issues to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry in accordance with subsection 18(1); and

(e) the Minister issues to the operator of the ferry a Security Certificate in respect of the ferry in accordance with paragraph 19(1)(a).

Marginal note:Domestic ferry facility

(2) The procedure for the issuance of security documentation in respect of a domestic ferry facility is the following:

(a) the operator of the ferry facility submits to the Minister a security assessment report in respect of the ferry facility in accordance with subsection 15(2);

(b) the Minister issues to the operator of the ferry facility a Security Assessment Letter of Approval in respect of the ferry facility in accordance with subsection 16(2);

(c) the operator of the ferry facility submits to the Minister a security plan in respect of the ferry facility in accordance with subsection 17(2); and

(d) the Minister issues to the operator of the ferry facility a Statement of Compliance in respect of the ferry facility in accordance with paragraph 19(1)(b).

Submission of Security Assessment by Operator

Marginal note:Domestic ferry

15. (1) In order to obtain a Security Certificate in respect of a domestic ferry, the operator of the ferry shall submit to the Minister for approval a security assessment report in respect of the ferry that contains the elements set out in section 70.

Marginal note:Domestic ferry facility

(2) In order to obtain a Statement of Compliance in respect of a domestic ferry facility, the operator of the ferry facility shall submit to the Minister for approval a security assessment report in respect of the ferry facility that contains the elements set out in section 70.

Marginal note:Documents signed in ink

(3) The documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.

Issuance of Letter of Approval by Minister

Marginal note:Domestic ferry

16. (1) The Minister shall approve a security assessment report in respect of a domestic ferry and issue to the operator of the ferry a Security Assessment Letter of Approval in respect of the ferry if the Minister is satisfied that the security assessment submitted by the operator meets the requirements of sections 66 to 70.

Marginal note:Domestic ferry facility

(2) The Minister shall approve a security assessment report in respect of a domestic ferry facility and issue to the operator of the ferry facility a Security Assessment Letter of Approval in respect of the ferry facility if the Minister is satisfied that the security assessment submitted by the operator meets the requirements of sections 66 to 70.

Submission of Security Plan by Operator

Marginal note:Domestic ferry

17. (1) After receiving a Security Assessment Letter of Approval in respect of a domestic ferry, the operator of the ferry shall submit to the Minister for approval a security plan that

(a) addresses the analysis and recommendations set out in the approved security assessment; and

(b) meets the requirements of sections 71 to 73.

Marginal note:Domestic ferry facility

(2) After receiving a Security Assessment Letter of Approval in respect of a domestic ferry facility, the operator of the ferry facility shall submit to the Minister for approval a security plan that

(a) addresses the analysis and recommendations set out in the approved security assessment; and

(b) meets the requirements of sections 71, 72 and 74.

Marginal note:Documents signed in ink

(3) The documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.

Approval of Security Plan by Minister

Marginal note:Domestic ferry

18. (1) The Minister shall approve a security plan in respect of a domestic ferry and issue to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry if the Minister is satisfied that the security plan submitted by the operator

Marginal note:Period of validity

(3) A security plan approved by the Minister is valid for a period fixed by the Minister, which shall not exceed five years after the date on which it is approved. In fixing the period, the Minister shall consider the following:

(a) in the case of a domestic ferry,

(i) its operations and the industry in which it operates,

(ii) its ports of call and usual routes,

(iii) the operator’s security record, and

(iv) the complexity of its security plan and the details of its procedures; and

(b) in the case of a domestic ferry facility,

(i) its operations and the industry in which it operates,

(ii) the operator’s security record, and

(iii) the complexity of its security plan and the details of its procedures.

Issuance of Security Certificate and Statement of Compliance

Marginal note:Successful inspection

19. (1) If the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the procedures set out in the approved security plan in respect of a domestic ferry or a domestic ferry facility are implemented, the Minister shall issue to the operator of the ferry or the ferry facility, in English or French,

(a) in the case of a domestic ferry, a Security Certificate; or

(b) in the case of a domestic ferry facility, a Statement of Compliance.

Marginal note:Validity period

(2) A Security Certificate or a Statement of Compliance issued under subsection (1) is valid while the approved security plan in respect of the domestic ferry or the domestic ferry facility is valid.

Requirements for Domestic Ferries

Marginal note:Documents on board

20. (1) Subject to subsections (2) to (4), the operator of a domestic ferry shall ensure that the ferry carries on board

(a) an approved security plan in respect of the ferry; and

(b) either

(i) a Security Certificate issued in respect of the ferry, or

(ii) if a Security Certificate has not been issued, an Interim Domestic Ferry Security Certificate issued in respect of the ferry.

Marginal note:Exemption — Part 1 of Schedule 1

(3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.

Marginal note:Exemption — Parts 2 to 4 of Schedule 1

(4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry operating on a route set out in Parts 2 to 4 of Schedule 1.

[21 to 36 reserved]

PART 3OPERATORS

Overview

Marginal note:Operator obligations

37. This Part sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities, including specific rules relating to restricted area passes and keys and the replacement of ferries.

Responsibilities

Marginal note:Obligations — Domestic ferry

(a) establish an administrative and organizational structure for the security of the ferry;

(b) provide each of its employees having responsibilities under these Regulations with the technical assistance and the training necessary to fulfil those responsibilities;

(c) designate a ferry security officer in writing by name or by position, other than the position for which the designation is being made;

(d) provide the ferry security officer with information regarding security threats and with other information relevant to security;

(e) ensure that the security assessment in respect of the ferry is carried out and submitted to the Minister for approval;

(f) ensure that the security plan in respect of the ferry is developed and submitted to the Minister for approval;

(g) ensure that the approved security plan in respect of the ferry is implemented and maintained, and that any amendments to the plan are submitted to the Minister for approval;

(h) if the ferry is interfacing with a domestic ferry facility, ensure coordination of the approved security plan in respect of the ferry with the approved security plan in respect of the ferry facility;

(i) ensure that the security activities of the ferry are audited;

(j) amend as soon as practicable the approved security plan in respect of the ferry to correct any deficiency identified as a result of an audit or in the course of operations;

(k) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry is amended;

(l) ensure security awareness and vigilance by all personnel on the ferry;

(m) ensure that the security orientation referred to in section 59 is provided;

(n) ensure that there is effective communication and cooperation during each interface;

(o) ensure that there is consistency between the security requirements and the safety requirements;

(p) clearly mark restricted areas on the ferry with signs;

(q) ensure that the ferry has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry and

(i) other vessels, marine facilities, and port administrations,

(ii) the Minister, and

(iii) local law enforcement agencies; and

(r) immediately notify the Minister if the operator ceases to operate a ferry on a route set out in Schedule 1.

Marginal note:Obligations — Domestic ferry facility

(2) The operator of a domestic ferry facility shall

(a) establish an administrative and organizational structure for the security of the ferry facility;

(b) provide each of its employees having responsibilities under these Regulations with the technical assistance and the training necessary to fulfil their responsibilities;

(c) designate a ferry facility security officer in writing by name or by position, other than the position for which the designation is being made;

(d) provide the ferry facility security officer with information regarding security threats and with other information relevant to security;

(e) ensure that the security assessment in respect of the ferry facility is carried out and submitted to the Minister for approval;

(f) ensure that the security plan in respect of the ferry facility is developed and submitted to the Minister for approval;

(g) ensure that the approved security plan in respect of the ferry facility is implemented and maintained, and that any amendments to the plan are submitted to the Minister for approval;

(h) coordinate with the master of a domestic ferry, and with the port security officer if the ferry facility is in a port, crew changes as well as access to the ferry through the ferry facility by visitors and passengers, including representatives of seafarers’ welfare and labour organizations;

(i) ensure that the security activities of the ferry facility are audited;

(j) amend as soon as practicable the approved security plan in respect of the ferry facility to correct any deficiency identified as a result of an audit or in the course of operations;

(k) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry facility is amended;

(l) ensure security awareness and vigilance by all personnel at the ferry facility;

(m) ensure that the security orientation referred to in section 59 is provided;

(n) ensure that there is effective communication and cooperation during each interface;

(o) ensure that there is consistency between the security requirements and the safety requirements;

(p) clearly mark restricted areas in the ferry facility with signs;

(q) ensure that the ferry facility has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry facility and

(i) vessels, other marine facilities, and port administrations,

(ii) the Minister, and

(iii) local law enforcement agencies;

(r) immediately notify the Minister if the operator ceases to operate a ferry facility set out in Schedule 2; and

(s) ensure that the ferry facility security officer develops a security plan in respect of the ferry facility in consultation with

(i) local law enforcement agencies,

(ii) emergency response providers,

(iii) employers and labour at the ferry facility, and

(iv) the port security officer, if the ferry facility is in a port.

Marginal note:Combined designation

(3) If the operator of a domestic ferry also operates the domestic ferry facilities with which the ferry interfaces, the operator may designate a security officer to act for both the ferry and the ferry facilities if the officer is able to fulfil their responsibilities for each ferry and each ferry facility.

Marginal note:Other responsibilities

(4) A person designated as security officer under paragraphs (1)(c) or (2)(c) may accept other responsibilities or appointments within the operator’s organization provided that the person is able to fulfil their responsibilities as security officer.

Marginal note:Ferry security officer

39. The operator of a domestic ferry shall ensure that a ferry security officer is on board each domestic ferry that it operates.

Restricted Area Passes and Keys

General

Marginal note:Responsibility of operator

40. (1) An operator shall issue a restricted area pass or key for controlling access to restricted areas established by the operator.

Marginal note:Conditions for issuance

(2) An operator may issue a restricted area pass or key only to a person

(a) who requires access to a restricted area in the performance of their duties; and

(b) who is known to the operator or whose identity has been confirmed by valid government-issued photo identification.

Content of Restricted Area Pass

Marginal note:Required information

(a) show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders, and an expiry date that does not exceed five years after the date of issue; or

(b) contain an expiry date or other information to indicate the period during which access is required, and sufficient information to allow the identification of the pass holder.

Use of Restricted Area Pass

Marginal note:Pass to be displayed

42. (1) The holder of a restricted area pass shall, when entering or remaining in a restricted area, display the pass on their outer clothing and above their waist with their photo visible at all times.

Marginal note:No personal use

(2) The holder of a restricted area pass or key shall not use the restricted area pass or key except in the performance of their duties.

Administration of Restricted Area Passes and Keys

Marginal note:Record-keeping

(a) the number of restricted area passes and keys issued and, for each pass and key, the name of the holder, the number of the pass or key, the date of issue, the period of validity of the pass, and, if applicable, the date of return; and

(b) lost or stolen passes or keys.

Marginal note:Safekeeping and communication of records

(2) An operator shall ensure that the record referred to in subsection (1) is

(a) kept for at least two years after the date of expiry or return of the restricted area passes or keys; and

(b) made available to the Minister on request.

Marginal note:Port administration

(3) If a domestic ferry facility is located in a port, the port administration may issue restricted area passes and keys on behalf of the operator of the ferry facility. In this case, the operator shall cooperate with the port administration and shall provide it with the information required.

Replacement of Ferries

Marginal note:Notification of replacement

47. If the operator of a domestic ferry decides to replace it with another ferry, the operator shall ensure that the following are notified of the replacement:

(a) the ferry security officers of both the replacement ferry and the replaced ferry; and

(b) the ferry facility security officer of each domestic ferry facility with which the replacement ferry will interface on that route.

[48 to 52 reserved]

PART 4PERSONNEL

Overview

Marginal note:Security responsibilities

53. This Part sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities.

Master of a Domestic Ferry

Marginal note:Judgment of master prevails

54. (1) Nothing in these Regulations permits any person to constrain the master of a domestic ferry from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the ferry, including decisions

(a) to deny access to persons other than the following and, where applicable, their goods:

(i) the operator of the ferry,

(ii) the operator of the domestic ferry facility with which the ferry interfaces,

(iii) persons authorized by the Government of Canada to board the ferry,

(iv) local law enforcement personnel in the exercise of their functions, and

(v) emergency response personnel;

(b) to refuse to load cargo, including containers or other closed cargo transport units; and

(c) to coordinate with the operator of a domestic ferry facility, and with the port security officer if the ferry facility is in a port, crew changes as well as access to the ferry through the ferry facility by visitors and passengers, including representatives of seafarers’ welfare and labour organizations.

Marginal note:Precedence of safety requirements

(2) If a conflict between any safety and security requirements applicable to a domestic ferry arises during its operations, the master of the ferry shall give precedence to requirements intended to maintain the safety of the ferry and shall, in such a case, use any temporary procedures that the master determines appropriate under the circumstances and that satisfy, to the highest possible degree, the security requirements of the MARSEC level in effect.

Marginal note:Temporary procedures

(3) If the master of a domestic ferry uses temporary procedures, the master shall inform the Minister as soon as practicable.

Marginal note:Master to provide support

(4) The master of a domestic ferry shall provide the ferry security officer with the support necessary to carry out their duties on board the ferry.

Ferry Security Officer and Ferry Facility Security Officer

General

Marginal note:Delegation of tasks

55. (1) A ferry security officer and a ferry facility security officer may delegate tasks required by these Regulations, but they remain responsible for the performance of those tasks.

Marginal note:Ferry security officer

(2) The ferry security officer of a domestic ferry must be the master of the ferry or a member of its crew.

Marginal note:More than one ferry facility

(3) A ferry facility security officer may act in that capacity for more than one domestic ferry facility if they are able to fulfil their responsibilities for each ferry facility.

Qualifications

Marginal note:Ferry security officer

56. (1) A ferry security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:

(a) the administrative and organizational structure for the security of the domestic ferry and of the ferry facilities with which the ferry interfaces;

Responsibilities

Marginal note:Ferry security officer

(a) provide the required information to the persons conducting the security assessment in respect of the domestic ferry;

(b) implement the approved security plan in respect of the ferry, as amended from time to time, in coordination with its operator, the ferry facility security officer and, if applicable, the port security officer;

(c) conduct inspections of the ferry to ensure compliance with the requirements of these Regulations;

(d) as soon as practicable after a deficiency in the approved security plan in respect of the ferry is identified, report it to its operator and implement the action necessary to correct the deficiency until the plan is amended;

(e) ensure security awareness and vigilance by all personnel on the ferry, including awareness of changes in the MARSEC level and of other circumstances that might affect work conditions;

(f) ensure that appropriate security training or orientation is provided to the ferry’s personnel in accordance with these Regulations;

(g) report security threats and security incidents to the master, to its operator, to local law enforcement agencies and to the Minister as soon as possible after they occur;

(h) report security breaches to the Minister and, if applicable, to the port administration as soon as possible after they occur;

(i) ensure that there is effective communication and cooperation between the ferry and the ferry facilities with which it interfaces;

(k) keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry; and

(l) conduct security drills and exercises.

Marginal note:Ferry facility security officer

(2) A ferry facility security officer shall

(a) provide the required information to the persons conducting the security assessment in respect of the domestic ferry facility;

(b) implement the approved security plan in respect of the ferry facility, as amended from time to time, in coordination with its operator, the ferry security officer and, if applicable, the port security officer;

(c) conduct inspections of the ferry facility to ensure compliance with the requirements of these Regulations;

(d) as soon as practicable after a deficiency in the approved security plan in respect of the ferry facility is identified, report it to the operator and implement the action necessary to correct the deficiency until the plan is amended;

(e) ensure security awareness and vigilance by all personnel at the ferry facility, including awareness of changes in the MARSEC level and of other circumstances that might affect work conditions;

(f) ensure that appropriate security training or orientation is provided to the ferry facility personnel in accordance with these Regulations;

(g) report security threats and security incidents to the operator of the ferry facility, to local law enforcement agencies, to the Minister and, if applicable, to the port administration as soon as possible after they occur;

(h) report security breaches to the Minister and, if applicable, to the port administration as soon as possible after they occur;

(i) ensure that there is effective communication and cooperation between the ferry facility and any domestic ferry with which it interfaces;

(k) keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry facility; and

(l) conduct security drills and exercises.

Personnel with Security Responsibilities

Marginal note:Qualifications of personnel

58. Domestic ferry personnel and domestic ferry facility personnel with security responsibilities, other than the ferry security officer or the ferry facility security officer, shall have, by training or equivalent job experience, knowledge and competence relevant to the ferry industry in any of the following areas that relate to their responsibilities:

(a) current security threats and patterns;

(b) the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;

(c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

(d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

(e) crowd management and control techniques;

(f) security-related communications;

(g) emergency preparedness and response, and contingency planning;

(h) the operation, testing, calibration and maintenance of security equipment and systems;

PART 5SECURITY ASSESSMENT AND SECURITY PLAN

Overview

Marginal note:Framework for security assessments and security plans

(a) for conducting security assessments in order to put in place plans and procedures for responding to changes in the security environment;

(b) for ensuring that adequate and proportionate security procedures are established and implemented to prevent, address or respond to security threats, security breaches and security incidents; and

(c) for auditing and amending security plans.

Security Assessment

Requirements for Persons Providing Security Assessment Information

Marginal note:Necessary skills

66. (1) The persons conducting or providing information for a security assessment in respect of a domestic ferry or a domestic ferry facility shall have the skills necessary to evaluate the security of the ferry or the ferry facility, as the case may be, including knowledge in the following areas:

(a) current security threats and patterns;

(b) the detection and recognition of weapons, explosives, incendiaries, and other dangerous substances and devices;

(c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

(d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

(e) methods used to cause a security incident;

(f) the effects of dangerous substances and devices on vessels and their equipment, structures and essential services;

(g) the security requirements of the ferry or the ferry facility;

(h) interface practices;

(i) emergency preparedness and response, and contingency planning;

(j) physical security requirements;

(k) radio and telecommunications systems, including computer systems and networks;

(l) in the case of the security assessment of a ferry, marine engineering, and in the case of the security assessment of a ferry facility, marine or civil engineering;

(m) other elements that might, if damaged or used illicitly, pose a risk to people, property or operations; and

(n) ferry and ferry facility operations.

Marginal note:Expert assistance

(2) The persons referred to in subsection (1) may draw upon external expert assistance in relation to the areas listed in that subsection.

Marginal note:Required elements

(e) radio and telecommunications systems, including computer systems and networks; and

(f) utilities and relevant transportation support infrastructure.

On-Site Security Assessment

Marginal note:Objectives

68. A ferry security officer and a ferry facility security officer shall ensure that an on-site security assessment is conducted that examines and evaluates protective measures, procedures and operations in effect at a domestic ferry or a domestic ferry facility, as the case may be, in order to

(a) ensure the performance of all security duties;

(b) control access through the use of identification systems or through other means;

(c) control the embarkation of personnel and other persons and their goods, including personal effects, vehicles and baggage, whether accompanied or unaccompanied;

(d) supervise the handling of cargo, if any, and the delivery of ships’ stores and bunkers;

(e) monitor restricted areas to ensure that only authorized persons have access to them;

(f) monitor the deck areas and the areas adjacent to the ferry; and

(g) ensure that the security communication systems, information and equipment are readily available.

Analysis and Recommendations

Marginal note:Elements to be considered

69. (1) A person who conducts a security assessment shall take into account the security assessment information, the on-site security assessment and the requirements of these Regulations in order to provide recommendations for the security procedures to be established in the security plan in respect of the domestic ferry or the domestic ferry facility, including recommendations respecting

(a) restricted areas;

(b) response procedures for fire or other emergency situations;

(c) security supervision of all persons on a ferry or at a ferry facility;

(d) the frequency and effectiveness of security patrols;

(e) access control systems;

(f) security communication systems;

(g) security doors, barriers and lighting;

(h) security and surveillance equipment and systems; and

(i) the evaluation of the potential for each identified point of access on a ferry, including open decks, to be used by individuals who might try to breach security, whether or not those individuals legitimately have access to the ferry.

Marginal note:Potential threats to be considered

(2) A security assessment in respect of a domestic ferry or a domestic ferry facility shall take into account the following potential threats:

(a) damage to or destruction of the ferry or the ferry facility by explosive devices, arson, sabotage or vandalism;

(c) the unauthorized access to or use of the ferry or the ferry facility, including the presence of stowaways;

(d) the smuggling on the ferry or at the ferry facility of weapons, explosives, incendiaries or other dangerous substances or devices, including weapons of mass destruction;

(e) the use of the ferry or its equipment, or the use of ferry facility equipment, as a weapon or as a means of causing damage or destruction;

(f) the hijacking of the ferry, the seizure of the ferry facility, and the seizure of any persons on the ferry or at the ferry facility;

(g) attacks on the ferry while it is at berth, at anchor or in movement; and

(h) the use of the ferry facility or its equipment by persons intending to cause a security incident.

Marginal note:Domestic ferry

(3) In the case of a domestic ferry, the security assessment shall consider the security of all persons, operations and goods that it is important to protect, including

(a) the capacity to maintain safe navigation and to respond to any emergency situation;

(b) cargo, if any, particularly dangerous goods or substances;

(c) ships’ stores and bunkers;

(d) the ferry’s security communication and surveillance systems; and

(e) any other security systems.

Marginal note:Domestic ferry facility

(4) In the case of a domestic ferry facility, the security assessment shall include a vulnerability assessment to determine the following, so as to produce an overall assessment of the level of risk for which security procedures have to be developed:

(a) any particular aspect of the ferry facility, including vessel traffic in the vicinity, that might make the ferry facility a target of an attack;

(b) the potential consequences of an attack on or at the ferry facility in terms of loss of life, damage to property and economic disruption, including the disruption of marine transportation systems;

(c) the capability and intent of persons likely to mount an attack;

(d) the potential types of attack;

(e) current security procedures, including identification systems;

(f) methods and points of access to the ferry facility;

(g) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

(h) any conflict between safety and security procedures;

(i) any implementation or personnel constraints;

(j) methods of monitoring restricted areas to ensure that only authorized persons have access to them;

(k) areas adjacent to the ferry facility that might be exploited during or for an attack;

(l) current security procedures relating to utilities and other services;

(m) any deficiency identified during drills or exercises;

(n) any deficiencies identified during daily operations, or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

(o) the structural integrity of the ferry facility.

Content of the Security Assessment Report

Marginal note:Content of report

70. A security assessment report shall be written in English or French and shall contain

(a) a summary of how the on-site security assessment was conducted;

(b) details of existing security procedures and operations;

(c) a description of each vulnerability found during the security assessment;

(d) a description of the security procedures to be used to address each vulnerability;

(e) a list of the essential operations that it is important to protect; and

(f) possible security threats to those operations.

Security Plan

General

Marginal note:Requirement to establish security plan

71. (1) A security plan shall be established in respect of each domestic ferry and each domestic ferry facility.

Marginal note:Content of security plan

(2) The security plan shall

(a) be written in English or French;

(b) state the name of the operator;

(c) be based on the findings of the security assessment;

(d) address each vulnerability identified in the security assessment; and

(e) state procedures for cooperating with emergency response personnel at all MARSEC levels.

Marginal note:Structure and presentation of security plan

(3) A security plan shall include the following individual sections and, if the plan does not list the sections in the following order, it shall contain a table of contents that identifies the location of the sections:

(h) procedures for reporting security threats, security breaches and security incidents to local law enforcement agencies, to the Minister and, if applicable, to the port administration;

(i) procedures for responding to any security measures formulated by the Minister and, in the case of a domestic ferry, any directions issued by the Minister in respect of a specific security threat, including changes in the MARSEC level;

(j) duties of personnel assigned security responsibilities and of other personnel with respect to security-related matters;

(k) communications;

(l) procedures for training, drills, and exercises associated with the security plan;

(m) procedures for interfacing at all MARSEC levels;

(n) procedures for the periodic review of the plan and for updating it;

(o) procedures to ensure the inspection, testing, calibration and maintenance of any security equipment;

(p) the frequency of the testing or calibration of any security equipment;

(q) the frequency of inspections;

(r) procedures for securing non-critical operations in order to focus response on critical operations; and

(s) any other security procedures at each MARSEC level, if applicable.

Security Plan in respect of a Domestic Ferry

Marginal note:Security officer and master

(a) identify the ferry security officer by name or, if they hold another position, by position, and provide 24-hour contact information for the officer; and

(b) specify that the ferry’s master has the overriding authority and responsibility to make decisions with respect to the security of the ferry and to request the assistance of the ferry operator or the Minister when necessary.

Security Plan in respect of a Domestic Ferry Facility

Marginal note:Security officer

74. A security plan in respect of a domestic ferry facility shall identify the ferry facility security officer by name or, if they hold another position, by position, and provide 24-hour contact information for the officer.

Security Procedures for Access Control

General

Marginal note:Objectives

75. (1) Security procedures for controlling access to a domestic ferry and a domestic ferry facility shall be established in their respective security plans for all MARSEC levels, as appropriate to their operations, in order to

(a) prevent persons from introducing unauthorized weapons, explosives, incendiaries, and other dangerous substances and devices on the ferry or at the ferry facility;

(b) secure weapons, explosives, incendiaries, and other dangerous substances and devices that are authorized to be on the ferry or at the ferry facility;

(c) verify the identity of ferry personnel, ferry facility personnel and any other authorized personnel;

(d) indicate the frequency of access controls, particularly if they are carried out on a random or occasional basis;

(e) verify that passengers have valid tickets; and

(f) ensure that unattended goods do not pose an immediate threat to marine security.

Marginal note:Domestic ferry

(2) In the case of a domestic ferry,

(a) security procedures shall be established in the security plan in respect of the ferry, for all MARSEC levels, as appropriate to its operations, to control access to ladders, access gangways, access ramps, access doors, side scuttles, windows and ports, hatches, mooring lines, anchor chains and hoisting gear; and

(b) at all MARSEC levels, the ferry security officer shall, after any period during which the ferry was unattended, ensure that security sweeps are performed in order to confirm the absence of security threats or dangerous substances or devices before the ferry gets under way.

Marginal note:Domestic ferry facility

(3) In the case of a domestic ferry facility, security procedures shall be established in the security plan in respect of the ferry facility for all MARSEC levels, as appropriate to its operations, to identify

(a) the locations at which restrictions or prohibitions preventing unauthorized access are to be applied; and

(b) the types of restrictions or prohibitions to be applied and the means of applying them.

MARSEC Level 1

Marginal note:Domestic ferry

76. (1) In the case of a domestic ferry, security procedures for access control at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, security procedures for access control at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) appropriate access controls for restricted areas;

(b) identification of access points that must be secured or guarded to prevent unauthorized access; and

(c) methods to prevent unauthorized access to the ferry facility and to restricted areas.

MARSEC Level 2

Marginal note:Domestic ferry

77. (1) In the case of a domestic ferry, additional security procedures for access control at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) increasing the frequency and detail of the security procedures set out in subsection 76(1); and

(b) increasing the frequency of the security sweeps referred to in paragraph 75(2)(b).

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for access control at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) increasing the frequency and detail of the security procedures set out in subsection 76(2);

(b) assigning additional personnel to guard access points and to patrol the perimeter of the ferry facility to deter unauthorized access;

(c) limiting the number of access points to the ferry facility by closing and securing some access points and providing physical barriers to impede movement through the remaining access points; and

(d) coordinating the deterrence of waterside access to the domestic ferry in liaison with the ferry facility or a port administration.

MARSEC Level 3

Marginal note:Domestic ferry

78. (1) In the case of a domestic ferry, additional security procedures for access control at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(d) limiting access to the ferry to a single, controlled access point;

(e) granting access only to emergency response personnel responding to a security incident or security threat;

(f) suspending embarkation or disembarkation activities;

(g) suspending cargo operations, if any;

(h) moving the ferry; and

(i) evacuating the ferry.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for access control at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(c) granting access only to emergency response personnel responding to a security incident or security threat;

(d) suspending access to the ferry facility;

(e) suspending cargo operations, if any;

(f) restricting pedestrian or vehicular movement on the grounds of the ferry facility;

(g) increasing monitoring at the ferry facility; and

(h) evacuating the ferry facility.

Restricted Areas

General

Marginal note:Designation

79. (1) Restricted areas on a domestic ferry and at a domestic ferry facility shall be designated for all MARSEC levels in their respective security plans, as appropriate to their operations, in order to

(a) prevent or deter unauthorized access;

(b) protect the ferry or the ferry facility, including security areas, security and surveillance equipment and systems, and persons authorized to be on the ferry or at the ferry facility; and

(c) protect cargo, if any, ships’ stores and bunkers from tampering.

Marginal note:Signs

(2) The operator shall post, at each restricted area access point and on each security barrier, signs that identify each restricted area and state that entry is restricted to authorized persons.

Establishment of Restricted Areas

Marginal note:Security plan in respect of the domestic ferry

80. (1) In a security plan in respect of a domestic ferry, the following shall be established as restricted areas:

(a) the navigation bridge, machinery spaces, and other control stations;

(b) spaces containing the central controls for security and surveillance equipment and systems, and for the lighting system;

(c) spaces containing ventilation and air-conditioning systems, and other similar spaces;

(d) access points for potable water tanks, pumps and manifolds;

(e) spaces containing dangerous goods or hazardous substances;

(f) spaces containing cargo pumps and their controls;

(g) cargo spaces, if any, and spaces containing ships’ stores;

(h) crew accommodations, if any; and

(i) any other spaces or areas vital to the security of the ferry.

Marginal note:Domestic ferry facility security plan

(2) In a security plan in respect of a domestic ferry facility, the following shall be established as restricted areas:

(a) areas on land where ferries interface with the ferry facility, including passenger areas, if any;

(b) areas in which security-sensitive information is kept, including cargo documentation, if any;

(c) areas containing the central controls for security and surveillance equipment and systems, and for the central lighting system;

(e) areas in the ferry facility where it is reasonable to restrict access to vehicles and persons; and

(f) areas designated for the loading, unloading or storage of cargo, if any, and ships’ stores.

Restricted Area Access

Marginal note:Conditions for entering and remaining

81. (1) Subject to subsection (4), no person shall enter or remain in a restricted area unless they are

(a) the holder of a restricted area pass;

(b) a person being escorted by the holder of a restricted area pass;

(c) a security inspector designated under subsection 22(1) of the Act who is on duty;

(d) a federal, provincial or municipal government employee who requires access to the area in the performance of their duties; or

(e) a provider of emergency services who requires access to the area for the protection and preservation of life or property.

Marginal note:Holder of restricted area pass

(2) The holder of a restricted area pass who escorts another person in a restricted area in accordance with paragraph (1)(b) shall remain with the person or ensure that another holder of a restricted area pass acts as the escort.

Marginal note:Person escorted

(3) A person being escorted in a restricted area in accordance with paragraph (1)(b) shall remain with the escort while in the restricted area.

Marginal note:Passenger exception

(4) A passenger may enter and remain in a restricted area identified by the operator as a passenger area if the passenger is in possession of a valid ticket.

Marginal note:Restriction on access

82. No person shall provide another person with access to a restricted area or assistance in entering a restricted area unless the person accessing the restricted area is authorized to do so under section 81.

Restricted Area Procedures

Marginal note:Access rules

83. The security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility shall contain security procedures for restricted areas, as appropriate to the operations of the ferry or the ferry facility, in order to

(a) identify persons authorized to have access to those areas;

(b) determine the conditions under which a person being escorted in accordance with paragraph 81(1)(b) is authorized to have access to those areas;

(c) define the extent of any restricted area;

(d) establish the times when access restrictions apply; and

(e) clearly mark restricted areas.

MARSEC Level 1

Marginal note:Domestic ferry

84. (1) In the case of a domestic ferry, security procedures for restricted areas at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, security procedures for restricted areas at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) limiting access to authorized personnel;

(b) securing all access points not actively used and providing physical barriers to impede movement through the remaining access points;

(c) controlling access to restricted areas;

(d) checking the identification and authorization of persons and vehicles seeking access;

(g) directing the parking, loading and unloading of vehicles in restricted areas;

(h) controlling the movement and storage of cargo, if any, ships’ stores, and bunkers; and

(i) designating restricted areas for performing inspections of cargo, if any, and ships’ stores that are awaiting loading.

Marginal note:Temporary restricted area

(3) The security plan in respect of a domestic ferry facility shall include a requirement that, if a temporary restricted area is designated, a security sweep of it shall be conducted both before and after it is designated.

MARSEC Level 2

Marginal note:Domestic ferry

85. (1) In the case of a domestic ferry, additional security procedures for restricted areas at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) increasing the frequency and intensity of monitoring and access control in restricted areas;

(b) establishing restricted areas adjacent to access points;

(c) continuously monitoring each area using surveillance equipment; and

(d) the assignment of additional personnel to guard or patrol each area.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for restricted areas at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) increasing the frequency and intensity of monitoring and access control in restricted areas;

(b) enhancing the effectiveness of the physical barriers surrounding restricted areas by the use of patrols or automatic intrusion detection devices;

(c) reducing the number of access points for restricted areas and enhancing the controls applied at the remaining access points;

(d) restricting the parking of vehicles adjacent to ferries;

(e) reducing access to restricted areas, and movements and storage in those areas;

(f) using surveillance equipment that records and monitors continuously;

(g) increasing the number and frequency of security patrols, including the use of waterborne patrols; and

(h) establishing areas adjacent to restricted areas and restricting access to those areas.

MARSEC Level 3

Marginal note:Domestic ferry

86. (1) In the case of a domestic ferry, additional security procedures for restricted areas at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) establishing of additional restricted areas on the ferry in proximity to the location of a security incident or the presumed location of a security threat; and

(b) searching restricted areas as part of a security sweep of the ferry.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for restricted areas at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) designating additional restricted areas;

(b) prohibiting access to restricted areas; and

(c) searching restricted areas as part of a security sweep of all or part of the ferry facility.

Security Procedures for Handling Cargo

General

Marginal note:Objectives

87. (1) If a domestic ferry or a domestic ferry facility handles cargo, security procedures in relation to cargo handling shall be established in their respective security plans for all MARSEC levels, as appropriate to their operations, in order to

(a) deter and detect tampering;

(b) prevent cargo that is not meant for carriage from being accepted and stored on the ferry or in the ferry facility;

(c) identify cargo that is approved for loading onto the ferry;

(d) control inventory at points of access to the ferry; and

(e) inspect cargo for dangerous substances and devices, by one or more of the following means:

(i) visual examination,

(ii) physical examination,

(iii) the use of detection devices such as scanners,

(iv) the use of canines.

Marginal note:Domestic ferry facility

(2) In addition to the requirements in subsection (1), cargo handling procedures shall be established in the security plan in respect of a domestic ferry facility, as appropriate to its operations, in order to

(a) identify cargo that is accepted for temporary storage in a restricted area while awaiting loading or pickup;

(b) release cargo only to the carrier specified in the cargo documentation;

(c) coordinate with shippers and other persons responsible for cargo;

(d) create, update and maintain a continuous inventory of certain dangerous cargoes, from their receipt to their delivery in the ferry facility, that sets out the locations in which they are stored; and

(e) check the documentation of cargo entering the ferry facility.

Marginal note:Arrangements with shippers

(3) The ferry security officer or the ferry facility security officer may, with the agreement of the operator and, if applicable, the port security officer, make arrangements with shippers or other persons responsible for cargo in relation to off-site inspection, sealing, scheduling, supporting documentation, and similar matters. The ferry security officer or the ferry facility security officer shall inform the operator and, if applicable, the port security officer, of any arrangement.

MARSEC Level 1

Marginal note:Domestic ferry facility

88. If a domestic ferry facility handles cargo, security procedures for the handling of cargo at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) verifying that cargo, containers and cargo transport units entering the ferry facility match the invoice or other cargo documentation;

(b) inspecting cargo, containers, cargo transport units and cargo storage areas in the ferry facility before and during cargo handling operations to detect evidence of tampering; and

(c) examining seals and other methods used to detect evidence of tampering when cargo, containers, or cargo transport units enter the ferry facility or are stored there.

MARSEC Level 2

Marginal note:Domestic ferry facility

89. If a domestic ferry facility handles cargo, additional security procedures for the handling of cargo at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) intensifying inspections to ensure that only documented cargo enters the ferry facility;

(b) increasing the frequency and detail of examinations of seals and other methods used to prevent tampering;

(c) segregating inbound cargo, outbound cargo and ships’ stores;

(d) increasing the frequency and intensity of visual and physical inspections; and

(e) limiting the number of locations where certain dangerous cargoes, if any, are stored.

MARSEC Level 3

Marginal note:Domestic ferry facility

90. If a domestic ferry facility handles cargo, additional security procedures for the handling of cargo at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) confirming the inventory and location of certain dangerous cargoes in the ferry facility;

(b) suspending cargo movements or cargo operations in all or part of the ferry facility; and

Security Procedures for Delivery of Ships’ Stores and Bunkers

General

Marginal note:Objectives

91. (1) Security procedures for the delivery of ships’ stores and bunkers shall be established in the security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility for all MARSEC levels, as appropriate to the operations of the ferry or the ferry facility, in order to

(a) inspect ships’ stores for package integrity;

(b) prevent ships’ stores from being accepted without inspection;

(c) prevent tampering; and

(d) prevent ships’ stores and bunkers from being accepted without being ordered.

Marginal note:Standing procedures

(2) If a domestic ferry routinely interfaces with the same domestic ferry facility, the security plan in respect of the ferry may establish standing procedures involving the ferry, its suppliers, and the ferry facility regarding the notification and timing of deliveries, and their documentation.

MARSEC Level 1

Marginal note:Domestic ferry

92. (1) In the case of a domestic ferry, security procedures for the delivery of ships’ stores and bunkers at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) conducting a random inspection of ships’ stores before they are accepted;

(b) verifying that ships’ stores and bunkers match the order before being brought on board or being bunkered; and

(c) immediately securing ships’ stores following delivery.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, security procedures for the delivery of ships’ stores and bunkers at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) coordinating with ferry operators that are inspecting ships’ stores;

(b) requiring advance notification of the delivery of ships’ stores or bunkers, including a list of the stores or bunkers, driver information and the licence plate number of the delivery vehicle;

(c) conducting random inspections of delivery vehicles; and

(d) controlling the movement of delivery vehicles in the ferry facility.

MARSEC Level 2

Marginal note:Domestic ferry

93. (1) In the case of a domestic ferry, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) intensifying the inspection of ships’ stores; and

(b) inspecting ships’ stores before they are received on board.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) coordinating with ferry operators that are inspecting ships’ stores more intensively;

(b) verifying that ships’ stores and bunkers match the invoice or other documentation before they enter the ferry facility;

(c) escorting delivery vehicles in the ferry facility; and

(d) restricting or prohibiting the entry of ships’ stores and bunkers that will not leave the ferry facility within the period set out in the invoice or other documentation.

MARSEC Level 3

Marginal note:Domestic ferry

94. (1) In the case of a domestic ferry, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) conducting more intensive inspections of ships’ stores; and

(b) restricting or suspending the handling of ships’ stores and bunkers or refusing to accept them on board.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) restricting or suspending the delivery of ships’ stores and bunkers; and

(b) refusing to accept ships’ stores and bunkers at the ferry facility.

Security Procedures for Monitoring

General

Marginal note:Objective

95. (1) Security procedures shall be established for all MARSEC levels in the security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility, as appropriate to their operations, to continuously monitor the ferry or the ferry facility, the area surrounding it, all restricted areas and all interfaces, through a combination of lighting, watchkeepers, security guards, deck watches, automatic intrusion detection devices, surveillance equipment and waterborne patrols.

Marginal note:Lighting

(2) The following shall be considered when establishing the appropriate level and location of lighting:

(a) domestic ferry and domestic ferry facility personnel shall be able to detect activities on and around the ferry and the ferry facility, on both the shoreside and the waterside;

(b) the lighting shall facilitate the identification of persons at access points;

(c) the lighting may be provided through coordination between the ferry and the ferry facility and, if applicable, the port administration; and

(d) in the case of a ferry, when lighting is necessary for a ferry that is under way, the lighting shall be the maximum available that is consistent with safe navigation, taking into account the International Regulations for Preventing Collisions at Sea, 1972.

Marginal note:Coordination of procedures

(3) Security procedures for monitoring may be coordinated between a domestic ferry and a domestic ferry facility and, if applicable, a port administration.

MARSEC Level 1

Marginal note:Domestic ferry

96. (1) In the case of a domestic ferry, security procedures for monitoring at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) conducting emergency searches of the ferry;

(b) identifying and fixing any system failure and any malfunction of monitoring equipment;

(d) lighting the deck and the ferry access points sufficiently during the period between sunset and sunrise and during periods of limited visibility to allow the visual identification of persons seeking to board the ferry.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, security procedures for monitoring at MARSEC level 1 shall be established in the security plan in respect of the ferry facility in accordance with the requirements in section 95.

MARSEC Level 2

Marginal note:Domestic ferry

97. (1) In the case of a domestic ferry, additional security procedures for monitoring at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(a) increasing the frequency and detail of security patrols;

(b) increasing the coverage and intensity of lighting;

(c) using, or increasing the use of, security and surveillance equipment;

(d) assigning additional personnel as security lookouts; and

(e) coordinating monitoring by means of foot, vehicle or waterborne patrols, if they are provided by a ferry facility or a port administration.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for monitoring at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) increasing the coverage and intensity of lighting and surveillance equipment, including through the provision of additional lighting and surveillance;

(b) increasing the frequency of foot, vehicle or waterborne patrols; and

MARSEC Level 3

Marginal note:Domestic ferry

98. (1) In the case of a domestic ferry, additional security procedures for monitoring at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

(c) utilizing all surveillance equipment capable of recording activities on the ferry or in its vicinity;

(d) maximizing the recording time of the surveillance equipment;

(e) conducting an underwater inspection of the hull; and

(f) taking measures to deter underwater access to the hull, including slow revolutions of the ferry’s propellers.

Marginal note:Domestic ferry facility

(2) In the case of a domestic ferry facility, additional security procedures for monitoring at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

(a) turning on all the lights at the ferry facility and in its vicinity;

(b) activating all surveillance equipment capable of recording;

(c) maximizing the recording time of the surveillance equipment; and

(d) conducting underwater inspection of the wharves, docks or other similar works.

Marginal note:Objectives

99. Security procedures for responding to security threats, security breaches or security incidents on a domestic ferry and at a domestic ferry facility shall be established in their respective security plans for all MARSEC levels, as appropriate to the operations of the ferry or the ferry facility, in order to

(ii) denying access to the ferry or the ferry facility, except to persons responding to the security threat, security breach or security incident,

(iii) implementing the appropriate MARSEC level security procedures throughout the ferry or the ferry facility,

(iv) stopping cargo-handling operations, if any, and

(v) notifying shoreside authorities, or other ferries, vessels or marine facilities of the security threat, security breach or security incident;

(b) evacuate the ferry or the ferry facility in case of security threats, security breaches or security incidents;

(c) report to the Minister, without undue delay, any security threats, security breaches or security incidents;

(d) brief ferry or ferry facility personnel on potential security threats and the need for vigilance and their assistance in reporting suspicious persons, objects or activities; and

(e) suspend non-critical operations in order to focus response on critical operations.

Security Drills and Security Exercises

General

Marginal note:Objectives

100. Security drills and security exercises shall test the proficiency of domestic ferry personnel and domestic ferry facility personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the respective security plans of the ferry or the ferry facility, and shall enable the ferry security officer or the ferry facility security officer to identify any related security deficiencies that need to be rectified.

Security Drills

Marginal note:Frequency of drills

101. (1) The operator of a domestic ferry or a domestic ferry facility shall ensure that a security drill is conducted at least once every three months except when the ferry or the ferry facility is out of service, in which case a drill shall be conducted within one week after the ferry or the ferry facility is back in service.

Marginal note:Separate or coordinated drills

Marginal note:Concurrent drills

(3) A security drill may be conducted with another drill, if appropriate.

Marginal note:Security plan elements tested

(4) Security drills shall test individual elements of the security plan in respect of a domestic ferry or a domestic ferry facility including responses to security threats, security breaches and security incidents, and shall take into account, in respect of the ferry or the ferry facility, the types of operations, personnel changes and other relevant circumstances.

Marginal note:Equivalency

(5) A documented response to a security incident is considered equivalent to a security drill.

Security Exercises

Marginal note:Frequency of exercises

102. (1) Security exercises shall be conducted at least once every calendar year, with not more than 18 months between them.

Marginal note:Types of exercises

(2) Security exercises may be

(a) full-scale;

(b) a tabletop simulation or seminar; or

(c) combined with other appropriate exercises.

Marginal note:Objectives of exercises

(3) Security exercises

(a) shall test the relevant security plan, and shall include the substantial and active participation of all personnel having security responsibilities;

(b) may include, depending on the scope and the nature of the exercises, the participation of government authorities or personnel from other vessels, marine facilities or port administrations having security responsibilities;

(c) may involve only a domestic ferry or a domestic ferry facility, or may be part of a cooperative program to test the security plan of another vessel, marine facility or port; and

(d) shall test, at a minimum, elements of coordination, resource availability and response, and the communication and notification procedures.

Marginal note:Implementation of higher MARSEC level

(4) If a domestic ferry or a domestic ferry facility is involved in the implementation of MARSEC level 2 or MARSEC level 3 following a security incident, the implementation of the MARSEC level is equivalent to a security exercise.

Record-Keeping

Marginal note:Contents of records

103. (1) A ferry security officer and a ferry facility security officer shall each keep the following records in relation to their respective responsibilities:

(a) details of security training, including the date, duration and description, and the names of the participants;

(b) details of security drills and security exercises, including the date and description, the names of the participants and any best practices or lessons learned that might improve the security plan;

(c) details of security threats, security breaches and security incidents, including the date, time, location and description, the response, and the person to whom they were reported;

(d) records of changes in the MARSEC level, including the date, the time that notification was received, and the time of compliance with the requirements of the new level;

(e) records of the maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;

(f) for each annual audit of the security plan, a letter certifying the date on which the audit was completed;

(g) a copy of the security assessment in respect of the domestic ferry or the domestic ferry facility and details of each periodic review of the assessment, including the date on which it was conducted and its findings;

(h) a copy of the approved security plan in respect of the ferry or the ferry facility and details of each periodic review of the plan, including the date on which it was conducted, its findings and any recommended amendments to the plan;

(i) the security documentation issued in respect of the ferry or the ferry facility;

(j) details of each amendment to the approved security plan in respect of the ferry or the ferry facility, including the date of the approval and implementation of the amendment;

(k) a list, by name or by position, of the personnel of the ferry or the ferry facility having security responsibilities; and

(l) records of inspections, including the dates on which they were conducted.

Marginal note:Records management

(2) Subject to subsection (3), a ferry security officer and a ferry facility security officer shall ensure that the records set out in subsection (1) in relation to their respective responsibilities are

(a) kept for at least two years after the date on which they are made;

(b) made available to the Minister upon request;

(c) protected from unauthorized access or disclosure; and

(d) protected from deletion, destruction and revision.

Marginal note:Period for keeping security plans

(3) The ferry security officer and the ferry facility security officer shall ensure that copies of the security assessment and the approved security plan in respect of the domestic ferry or the domestic ferry facility are kept for at least two years after the date of expiry of the plan.

Marginal note:Disclosure prohibited

(4) No person shall disclose security information contained in the records referred to in subsection (1), in the security assessments or in the security plans unless the disclosure is for the purpose of complying with these Regulations.

Coordination and Implementation of Procedures at Each MARSEC Level

Marginal note:Obligation before an interface

104. (1) Before an interface occurs between a domestic ferry and a domestic ferry facility, the operator of the ferry and the operator of the ferry facility shall each ensure that the ferry or the ferry facility is operated in compliance with the MARSEC level in effect.

Marginal note:Obligations of master of domestic ferry

(2) When notified of an increase in the MARSEC level at a domestic ferry facility with which a domestic ferry is about to interface, the master of the ferry shall

(a) ensure that the ferry complies with the higher MARSEC level without undue delay;

(b) report any implementation difficulties to the Minister as soon as possible; and

Marginal note:Coordination with port administration

(4) If the domestic ferry facility referred to in subsection (3) is within a port, the operator of the domestic ferry and the operator of the ferry facility shall also coordinate with the port administration.

[105 reserved]

Audit of Security Plan

Domestic Ferry

Marginal note:Purpose of audit

106. (1) The operator of a domestic ferry shall ensure that an audit of the security plan in respect of the ferry is conducted to determine whether the security plan meets the requirements of these Regulations.

Marginal note:Frequency of audit

(2) The operator of a domestic ferry shall ensure that an audit of the security plan in respect of the ferry is conducted every 12 months, and that a new audit is initiated within 30 days after the occurrence of any of the following:

(a) the ferry has a new operator;

(b) modifications have been made to the physical structure of the ferry;

(c) modifications have been made to the ferry’s emergency response procedures, security procedures or operations.

Marginal note:Partial audit

(3) An audit of the security plan in respect of a domestic ferry conducted as a result of modifications to the physical structure of the ferry may be limited to the provisions of the security plan that are affected by the modifications.

Marginal note:Certification

(4) If, as a result of an audit, it is determined that the security plan in respect of a domestic ferry meets the requirements of these Regulations, the ferry security officer shall attach to the security plan a letter certifying that the plan meets those requirements.

Marginal note:Amendment required

(5) If, as a result of an audit, it is determined that the security plan in respect of a domestic ferry does not meet the requirements of these Regulations, the ferry security officer shall submit a security plan amendment to the operator of the ferry within 30 days after the completion of the audit.

Marginal note:Requirements for conducting audit

(6) Persons conducting an audit shall have a knowledge of the methods of conducting audits and inspections, and a knowledge of access control and monitoring techniques, and shall be independent of the security procedures being audited unless that is impracticable because of the size and type of ferry.

Domestic Ferry Facility

Marginal note:Purpose of audit

107. (1) A ferry facility security officer shall ensure that an audit of the security plan in respect of a domestic ferry facility is conducted to determine whether the security plan meets the requirements of these Regulations.

Marginal note:Frequency of audit

(2) A ferry facility security officer shall ensure that an audit of the security plan in respect of a domestic ferry facility is conducted every 12 months, and that a new audit is initiated within 30 days after the occurrence of any of the following:

(a) the ferry facility has a new operator;

(b) modifications have been made to the physical structure of the ferry facility;

(c) modifications have been made to the ferry facility’s emergency response procedures, security procedures or operations.

Marginal note:Partial audit

(3) An audit of the security plan in respect of a domestic ferry facility conducted as a result of modifications to the physical structure of the ferry facility may be limited to the provisions of the security plan affected by the modifications.

Marginal note:Certification

(4) If, as a result of an audit, it is determined that the security plan in respect of a domestic ferry facility meets the requirements of these Regulations, the ferry facility security officer shall attach to the security plan a letter certifying that the plan meets those requirements.

Marginal note:Amendment required

(5) If, as a result of an audit, it is determined that the security plan in respect of a domestic ferry facility does not meet the requirements of these Regulations, the ferry facility security officer shall submit a security plan amendment to the operator of the ferry facility within 30 days after the completion of the audit.

Marginal note:Requirements for conducting audit

(6) Persons conducting an audit shall have a knowledge of the methods of conducting audits and inspections, and a knowledge of access control and monitoring techniques, and shall be independent of the security procedures being audited unless that is impracticable because of the size and type of ferry facility.

Amendment to Security Plan

Obligation to Amend

Marginal note:Amendments required

(a) an audit conducted under subsection 106(2) or 107(2) indicates that the security plan no longer meets the requirements of these Regulations; or

(b) the Minister determines that an amendment is required to address security threats, security breaches or security incidents that are not addressed in the plan.

Procedures for Taking Effect

Marginal note:Amendments by operator

109. (1) Any amendment to a security plan shall be submitted to the Minister at least 30 days before the day on which it is to take effect.

Marginal note:Amendment required by Minister

(2) If an amendment is required by the Minister under paragraph 108(b), the operator shall submit the amendment to the Minister within 60 days after the day on which the Minister sends the operator written notification of the determination.

Approval of Amendments

Marginal note:Approval

110. (1) The Minister shall approve the amendments to the security plan if they meet the requirements of these Regulations, unless approving the amendments is likely to adversely affect marine transportation security.

Marginal note:Security plan no longer valid

(2) If an amendment to the security plan that is required under section 108 is not submitted or approved, the approved security plan ceases to be valid on the day on which the operator receives notification in writing that the plan is no longer valid.

COMING INTO FORCE

Marginal note:Registration

111. These Regulations come into force on the day on which they are registered.